Opinion Factsheet 


Opinion Number: CDR 354/2010
Commission: CIVEX
Status: Adopted
Date: 31/03/2011

- stresses that legal certainty, lawfulness and fair, equal treatment of workers from third countries must be ensured in the EU;

- emphasises that migration is closely linked to development and notes that the emigration of skilled workers should not have a negative economic impact ("brain drain") on developing countries. Therefore welcomes the fact that the directives promote circular migration, in a way which could make a positive contribution both to the Member States' labour markets and to development in the countries of origin;

- takes note with interest of the scrutiny procedures by national parliaments regarding both proposals and of the views and arguments expressed therein; considers, based on its own analysis, both proposals to be compatible with the subsidiarity principle; underlines the fact that that the added value of EU legislation must lie mainly in its ability to prevent national systems from engaging in a race to the bottom with regard to protection;

- reiterates the significance of the Member States' right under the Treaty to determine the volumes of admissions while stressing that the Member States must involve local and regional authorities in deciding on the number of third-country nationals to be admitted to their territory, and on their employment profiles;

- cautions that both directives should be enacted in such a way as to respect the principle of Community preference;

- is convinced, nevertheless, that seasonal work and intra-corporate transfers have a major contribution to make to the recovery of certain economic and production sectors in Europe.
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